Wednesday

Dec 5, 2018 at 8:23 PM

Senate Republicans are expected to make changes aimed at further clarifying a controversial stand-your-ground bill, but it’s unclear if the moves will soften opposition by prosecutors and law enforcement.

House Bill 228, which is likely to see amendments and a full Senate vote Thursday, would eliminate Ohio’s current duty to retreat, a provision that says a person has an obligation to escape from a confrontation, if possible, before using deadly force.

“We think (the bill) makes it clear that you have under current law and you will continue to have a right to defend yourself,” said Sen. Bill Coley, R-West Chester, chairman of the Senate Government Oversight Committee. “We’re going to bring clarity to the situations under which you may utilize deadly force to protect yourself.”

Coley said he plans to borrow from military protocol and add a three-prong threshold for when to use deadly force: the aggressor demonstrates a clear intent to cause death or serious harm, the aggressor has the capability of doing such harm, and the potential victim is truly in jeopardy.

“Everyone can run those three scenarios through their head before they think about pulling the trigger,” Coley said.

A person couldn’t claim self-defense if he or she was the aggressor in the situation.

Coley said Republicans also are discussing language dealing with the use of a gun to de-escalate a situation. For example, he said, if an attacker has a knife, the other person has the right to pull a gun, so long as he doesn't shoot if the attacker starts to retreat.

“As soon as you went for the gun, they started backing away, then the fact that you were in jeopardy has just gone away, therefore you no longer have the right … and then you must not fire," Coley said. "We just want to make sure we get this right.”

Prosecutors have argued that current law already allows a person to use lethal force in true self-defense situations, but it encourages de-escalation of conflicts. They and law enforcement worry the bill as currently written will increase the number of shootings and be used by criminals, including drug dealers, to justify deadly encounters.

Coley said he doesn’t think the bill will drastically change self-defense situations, just make them clearer. He said a person can’t just say, “I was afraid so I can shoot.”

Coley said there also may be changes to other provisions of the bill, such as one that would prohibit landlords who rent out government-subsidized housing to restrict ownership of firearms. “That may need to come out.” There also is discussion of changes to the reduction of penalties to minor misdemeanors for improperly carrying a weapon, he said.

Republicans also may alter a separate gun bill that is likely to see a Senate vote Thursday that would no longer require a concealed-carry holder to notify a police officer during a traffic stop that he or she is carrying a gun. Police have called that a safety risk.

Coley said it may be altered so a person only has to notify the first officer on the scene — not every officer, if multiple offers respond to an incident.

Rep. Sarah LaTourette, R-Chagrin Falls, a prime bill sponsor, said she said is OK with the likely Senate amendments, and she expects they will not cost the House votes on the bill.

The measure also would strengthen a current prohibition barring local governmental units from enacting gun-related measures.

Gov. John Kasich has pledged to veto the measure, which already passed the House with enough votes to override it.

jsiegel@dispatch.com

@phrontpage

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